About Esteban Donoso

Posts by Esteban Donoso:

For a rule to have an optimally positive impact on society, it must be a valid regulation (a rule that comes to be enforceable); just (with an axiological goal); effective and efficient (that can extract a maximum amount of welfare, however understood, for the people it regulates). This article aims to advance the international regulation of patent protection by improving upon the axiological considerations of global regulation, while contributing to its effectiveness and efficiency. It does so by proposing the introduction of proportionality in the TRIPS Agreement, so that each country will contribute to technological development according to its economic capacity. A formula, which renders a politically feasible result, is used to further explain this theory. The chance of conceiving a healthy globalization based on formulas that encourage the cohesion of humanity should not be overlooked. That being reflected, an event of global generosity without precedent in the history of mankind would be witnessed. Hobbes’s theory would be proven wrong, and cohesion of humanity would be globally envisioned. The Achilles heel of the idea presented in this paper is that it maybe utopian; it would not be surprising that once again it is proven that homo homini lupus.